the use of said road, and may receive collect, and apply the same for the purpose of constructing said road as they shall think proper, and may contract for making said road or any part thereof; and may maintain suits for the non-performance of any contract, or for any injury done to, or concerning, said road. Sec. 3. That the said commissioners have power to review, alter and amend the location of said road, from the west side of the town of Hebron to a point at or near the line of Fairfield county. C. ANTHONY, March 9, 1838. Speaker of the Senate. AN ACT To provide for the extension of the Walhonding Canal, up the Vernon river to Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Board of Public Works shall be, and they are hereby authorized, for, and on behalf of the State, to construct a navigable canal from some suitable point on the Walhonding canal, near the mouth of the Vernon river, thence along the valley of that stream to the town of Mount Vernon, in the county of Knox, with the necessary dams, feeders, and other works and devices properly appertaining thereto: Provided, That the Mount Vernon Lateral Canal Company shall first have surrendered to the State their charter, and all their rights and privileges which shall, in any manner, interfere with the interests of the State in the construction of said canal. Sec. 2. Said Board shall also be authorized to construct for, and on behalf of the State, a navigable branch of the Walhonding canal to Loudonville, in the county of Richland, or to some suitable point opposite said town, as may be deemed best for the public interest: Provided, however, That it shall be left discretionary with the Board of Public Works which of said improvements shall be first commenced and completed. Sec. 3. That before any contracts shall be made for the execution of the work on either of said canals, and before the work shall in any manner be commenced, the Board of Public Works shall cause to be made an accurate survey, plan and estimate of the cost of said canals, and submit the same to the General Assembly, for their revision, as to the plan or location, and the said Board of Public Works shall also, by voluntary cession or purchase, at such price as they may deem reasonable, procure a proper conveyance of all the lands necessary for the erection of dams, the sites for locks, and the profitable use of the water power which may be created along the route of such canal. Sec. 4. That whenever the Board of Public Works shall be satisfied that the work on said canals may be commenced and prosecuted with economy, and without material detriment to the other public works in the vicinity, which may be then in progress; and that, within seven years from the completion thereof, the nett proceeds from the tolls and water rents on said canals, or either of them, together with the increased tolls on the Walhonding and Ohio canals, will be equal to the interest on the cost of such canal, they shall certify the same, together with an estimate of the sum which can be advantageously expended on the same within the year next ensuing, and so on, from year to year, during the progress of the work, to the Commissioners of the Canal Fund. Sec. 5. That the Commissioners of the Canal Fund shall, from time to time, on receiving such certified estimates from the Board of Public Works, be authorized to borrow, on the credit of the State, at a rate of interest not exceeding six per centum per annum, the sums so certified to be necessary for the prosecution of the work: Provided, Said loans can, in their opinion, be made on reasonable terms; all of which loans shall be reimbursable at the option of the State, at any time after the year eighteen hundred and sixty; and for the payment of the sum so borrowed, and the interest thereon, the faith of the State is hereby pledged. Sec. 6. That for the payment of the interest, and the redemption of the principle of all sums borrowed under the provisions of this act, the nett proceeds of all tolls, rents of water privileges, and other revenues arising from the works hereby authorized, are hereby appropriated and irrevocably pledged, and a separate account shall be kept of the funds appropriated for the execution of the works hereby authorized, and also of the revenue arising therefrom. Sec. 7. That for the purpose of carrying into effect the objects contemplated by this act, the Board of Public Works shall be invested with all the powers and immunities, and charged with all the duties conferred or imposed on them, by the laws now in force in relation to the canals of this State, so far as the same are applicable to the canals hereby authorized to be made; and all acts, which for the time being, shall be in force for the protection of the canals of this State, and for the regulation of the navigation and collection of tolls thereon, shall apply to, and govern the canals hereby authorized. C. ANTHONY, March 10, 1838. AN ACT To revive and amend the act entitled "An act to incorporate the Hamilton, Springfield and Carthage Turnpike Company." Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the act entitled "An act to incorporate the Hamilton, Springfield and Carthage Turnpike Company," passed February 24th, 1834, be, and the same is hereby, revived; and that said company shall have three years in which to commence said road, and ten years in which to complete the same, from Carthage to Springfield, in the county of Hamilton, from and after the passage of this act. Sec. 2. That whenever five continuous miles of said road shall have been completed as prescribed in the seventh section of the aforesaid reviv-. ed act, said company may erect thereon a gate or gates and receive half toll. Sec. 3. That said road shall commence at the town of Carthage, in the county of Hamilton; any thing in the act, revived as aforesaid, requiring said road to run from the said town of Carthage, to intersect the Cincinnati, Lebanon and Springfield turnpike road, and any other provisions contained in the act revived as aforesaid, and to which this is an amendment, inconsistent with the provisions of this act, be, and the same are hereby repealed. C. ANTHONY, Speaker of the House of Representatives. March 10, 1838. AN ACT Speaker of the Senate. To incorporate the First Methodist Episcopal Church of East Union, in Coshocton county. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Francis Buxton, C. E. Marquand, John N. Edwards, John Buxton, Charles Conaway, John Davis, and J. B. McDonald, and their associates, and those who may hereafter be associated with them, be, and they are hereby created a body politic and corporate, by the name of the "First Methodist Episcopal Church of East Union," agreeably to an act passed March 5th, 1836, entitled "An act in relation to incorporated religious societies;" and shall hold their first meeting for the election of officers by the persons named in this act, or by a majority of them, giving ten days' notice in writing, posted up in three public places, of the time and place of holding the same. March 10, 1638. C. ANTHONY, AN ACT To incorporate the Chester Academy in the County of Geauga. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Austin Turner, Alpheus Morrell, Azariah Lymon, Edward Kingman, and Mason Ames, with such other persons as shall hereafter become associ ated with them, and their successors, are hereby created a body politic and corporate by the name of the "Chester Academy," and by that name shall be capable in law of suing and being sued, of answering and being answered in all courts and elsewhere, and shall have the power of acquir ing, holding, selling and conveying any estate, whether real, personal or mixed, so far as is necessary for the purposes of this corporation, the object of which is hereby declared to be the promotion of literature and science. Sec. 2. That the persons above named, or a majority of them shall hold their first meeting to organize the institution, on or before the first day of July next, and shall give notice of such meeting personally to each member, or by posting up notices at least ten days previous to such meeting, of the time and place of holding the same. Sec. 3. That the members of said institution may appoint such offi cers, instructors and teachers, and make such by-laws, rules and regula tions as they may deem necessary to promote the object of the institution, but shall not divert the funds of the company from the objects herein set forth. C. ANTHONY, March 10, 1838. Speaker of the Senate. AN ACT To authorize the Maumee Branch Railroad Company to locate a railroad over certain lands belonging to the State of Ohio. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the Maumee Branch Railroad Company is hereby authorized to run and locate a railroad on, and through, any lands lying in the proposed route of said road, belonging to the State of Ohio. C. ANTHONY, March 10, 1838. AN ACT Speaker of the Senate. To incorporate the "First Presbyterian and Congregational Society of Monroeville, in the county of Huron. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That James Hamilton James W. Humphry, Justi Brown, and John M. Latti more, and their associates, and those who may hereafter be associated with them, be, and they are hereby, created a body politic and corporate, by the name of the "First Presbyterian and Congregational Society of Monroeville," agreeably to an act passed March 5th, 1836, entitled "An act in relation to incorporated religious societies;" and shall hold their first meeting for the election of officers, by the individuals named in this act, giving ten days' notice in writing, posted up in three public places in Monroeville, of the time and place of holding the same. C. ANTHONY, Speaker of the House of Representatives. March 10, 1838. AN ACT Speaker of the Senate. To incorporate the First Baptist Church and Society in Ridgefield, Huron county. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Deodatus Hubbell, Edward Baker and Daniel Clock, and their associates, and those who may be hereafter associated with them, be, and they are hereby created a body politic and corporate, by the name of the "First Baptist Church and Society of Ridgefield;" agreeably to an act passed March 5th, 1836, entitled "An act in relation to incorporated religious societies;" and shall hold their first meeting for the election of officers, by the individuals named in this act giving ten days' notice in writing, posted up in three public places in Ridgefield, of the time and place of holding the same. C. ANTHONY, Speaker of the House of Representatives. March 10, 1838. AN ACT Speaker of the Senate. For the extention of the State road leading from Piqua to Fort Wayne. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the State road leading from Piqua, in the county of Miami, to Fort Wayne, in the State of Indiana, shall be extended as follows: commencing at John Hawthorn's, on said road, thence on the nearest and best route to Wayne street, in the town of St. Mary's, in the county of Mercer. Sec. ?. Isaac Nicholls, Samuel McKee, and Henry M. Helm, are hereby appointed commissioners to lay out said road; and they shall be governed by the provisions of the act defining the mode of laying out and establishing State roads, passed March 14th, 1831; and the expenses of laying out and establishing said road, shall be paid in the manner pointed out in said act: and should either of the commissioners refuse to act, die, or remove out of his county, the commissioners of the county shall, on being notified thereof, fill the vacancy. March 10, 1838. L. L.-29. C. ANTHONY, Speaker of the House of Representatives. Speaker of the Senate. |